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(영문) 광주지방법원 해남지원 2016.11.17 2016고단402

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving service of freight CPoter 2.

On August 16, 2016, the Defendant driven the above cargo while under the influence of alcohol of 0.066% with a blood alcohol concentration of 0.06% on August 14:30, 2016, and tried to drive the above cargo at a speed of 188 km-gun, west-do, the Defendant continued to drive the above cargo at a speed of about 30 km in the speed of Cheongri Village bus bus stops in front of the 188-dong, Bori-do.

In such cases, a person engaged in driving service has a duty of care to safely operate by accurately operating the steering gear, steering gear and brake system.

Nevertheless, under the influence of alcohol, the Defendant did not discover the victim D (V) who walked along the road as it is due to the negligence of neglecting it, and did not discover the victim D (V) and had the victim go beyond the floor by receiving the victim from the front right side of the cargo vehicle.

Although the Defendant got injured by the victim’s occupational negligence for about nine weeks of treatment, the Defendant immediately stopped and escaped without taking measures, such as aiding the victim, even though he/she was injured by an injury, such as the external cutting of the upper pelke, the right-hand body, etc.

2. Around 14:40 on August 16, 2016, the Defendant driving CPoter 2 at the section of about 4 km to the Defendant’s house located in Cheongdo-gun E via the place specified in Paragraph 1 from front of the restaurant for Cheongdo-gun-gun-gun-gun-do-based-based-based-child-based-based-based-based-based-based-child-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate (D);

1. Any report on the occurrence of a traffic accident, a traffic accident inspection report, a circumstantial report on a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. Evidence and photographs of the accident site;

1. The report of internal investigation (the statement of witness F, the victim's statement and injury status as to the background of the accident), the investigation report, the application of the Tradmark and the accident at the time of the accident.